CITY OF NEW BEDFORDMASSACHUSETTS

LICENSING BOARD

AlO - 07/13/04

APPLICATION REQUIREMENTS

FOR APPROVAL OF A

MOTOR VEHICLE CLASS II (Used Car Dealer) LICENSE

Note: All Current Licenses Holders Must Be In Compliance Bv 12/31/04 For 2005 Renewals

• Class II (Definition) - A person whose principle business)s the buying or selling of second handmotor vehicles, the "dealer" must be principally and substantially engaged in the business (not parttime or for occasional sales) of buying, selling, or exchanging motor vehicles and must maintain afacility dedicated to carrying out said business, may be granted a used car dealer's and shall besubiect to the followim! conditions:

o The followim! is reQuired for Approval and Must Be Submitted For Renewal:• Completed Cover Sheet• Completed Application• 8 Yz x 11 Sketch or Plan

• Completed Cori• w/ COpy of Driver's License• $25.00 - IJOn-refundable alJ/Jlication fee - Cash or Check (made out to the City of New

Bedford) .

• The followine is reQuired upon Final Approval and Must Be Submitted For Renewal:

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A copy of Licensee's Articles of Oreanization (if a corporation) and/or a copy of aBusiness Certificate from the City Clerk's Office (Room 118) if d/b/a.

A current copy of Licensee's Certificate of Inspection from Inspectional Services ­

Room :308 (Building).

A COpy of a Irrevocable Bond in the amount of $25,000.00 (A separate Bond is requiredfor each location which uses a different name; On renewal, either a new original bondwith the power of attorney attached or an original continuation certificate showing that'Licensed Year' is covered.

A 'Notarized Letter' stating where repairs will be performed to satisfy the warrantyobligations imposed by section 7N.25 of M.G.L., Chapter 190.

A fee of $200.00 for each License eranted and $100.00 for each Annex: Cash or Check

made ,out to the City of New Bedford (fees are not prorated by the month and there areno refunds for a returned or revoked license).

Expir~tion: Licenses shall expire on January 1st following the date of issue unless revoked.($25.00 Late Renewal Fee - Lie. Bd. Reg.)

I.) Applicant: No License shall be granted unless the Licensing Board is satisfied that saidbusiness is or will be their principle business, and said Person has available a place ofbusiness suitable for that purpose.

2.) Cod Request: No license shall be granted unless the Licensing Board is satisfied from aninvestigation of the facts stated in the application and any other infonnation, which they mayrequire of the applicant, that person is a proper person to engage in the business specified.

3.) Premises: The License shall specify all the premises to be occupied by the licensee for the purpose ofcarrying on the licensed business (Chanees or additions to said license must be submitted toBoard for approval).An applicant for General Registration Dealer Plates must have a facility dedicated to carrying onthe dealer's business; NOTE: Personal living quarters cannot be the site of a Class II dealer'sbusiness because the law requires a facility" dedicated to carrying out that business and thatfacility must be used exclusively for the dealer's business; Premises must have and maintain atall times the followine:

A. Business Zoned

B. Outside Display Area to display cars must be Black­Topped

C. A Permanent Building or Affixed Structure (Note: ifrepairs are to be done on premises building must be able tohouse one or more cars)

D. Office Space separate from work area

E. Restroom (s) wI sinks

F. A Permanently affixed Exterior si2:n & Posted Hours ofoperation

G. All Facilities Must Meet all Building InspectorsRequirements (City & State)

H. Repair space wI MDC Traps (If Applicable) The Licenseemust maintain or demonstrate access to repair facilitiessufficient to enable him to satisfy the warranty obligationsimposed by section 7N.25 of M.G.L. Chapter 90. A used cardealer shall remain liable for all warranty repairs made andother obligations imposed by said section 7N.25 of said chapter90 (Notarized Letter stating where repairs will be donemust be accepted and submitted yearly).

I. Used Parts - No stora2:e on site of any used parts or oldtires.

J. Work Area - Work on any cars must be done in confines ofthe building.

K. No Storage of Partial or Dismantled Vehicles.

L. Required to comply with the number of cars specified onyour license.

M. All property under your control to be used as a place of saleor display of motor vehicles shall be operated andmaintained in a neat, clean, and proper condition.

N. "Warranty' - No used motor vehicle shall be sold in thecommonwealth by a dealer to a consumer unlessaccompanied by an express written warranty covering thefull cost of both parts and labor necessary to repair anydefect that impairs the said used motor vehicle's safety oruse (See Ch.90, sec.7N.25 for details of warranty).

O. Wholesaline of Cars is not allowed.

4.) Record Books: Every licensee shall keep a book on the licensed premises, in such formapproved by the registrar, in which, at the time of the purchase, sale, exchange or receipt forthe purpose of sale, of any second hand motor vehicle or parts thereof, shall be legibly writtenin the English language an account and description of such motor vehicle or parts, with thename and address of seller, of the purchaser, and of the alleged owner or other person fromwhom such motor vehicle or parts were purchased or received or to whom they were delivered,as the case may be.

5.) Investieations; Violations; Hearines; Notice & Appeal

• Enterine Premises & Investieation: Any state police, local police, Licensing Board member orany person authorized by any said official may at any time enter upon any premises used by anyperson licensed under sec. 59 for the purpose of carrying on their licensed business, ascertain howthey conduct the same, and examine all second hand motor vehicles or parts thereof kept or storedon the premises, and all books, papers, and inventories relating thereto.

• Obstruction of entrance or examination bv officers; refusal to exhibit items demanded: Anylicensee, clerk, agent or other person in charge of the licensed premises who refuses to admit anyauthorized official or agent of said official to enter the same, or fails to exhibit to him on demandall such motor vehicles, parts thereof, and books, papers and inventories relating thereto, and anyperson who wiIIfuIly hinders, obstructs or prevents such officer from entering the premises orfrom making the examination authorized in the preceding section, shaIl be punished by a fine ofnot more than $200.00 or by imprisonment for not more than one year or both.

• Unlicensed Business - Whoever, not being licensed, carries on the business for which a licenseis required by sec.57 or is concerned therein, or, being licensed, carries on such business or isconcerned therein in any place or manner than designated in his licensee, or after notice to himthat his license has been revoked or suspended, shaIl be punished by a fine of not less than$200.00 and not more than $1,000.00 or by imprisonment for not more than one year, or both.

• Violations: Any complaints of violations of the provisions ofM.G.L. Ch.90, 140; Rmv540CMR18.02; City Ordinances, City or State Building Codes; or failure to comply with the rules orregulations of this Board shaIl be cause for a hearing with proper action taken.

• Revocation: The Licensing Board shall revoke al1licenses granted under this section if itappears, after hearing, that the licensee is not complying with sections 57 to 69, inclusive, or therules and regulations made there under.

• Notice & Appeal: Any person aggrieved by any action of the Licensing Board refusing to grant,or revoking a license for any cause may, within ten (10) days after such action, appeal there fromto any justice of the Superior Court in the county in which the premises sought to be occupiedunder the licenses applied for are located.

Please Return With New Application or With Documents For Renewal

1. 'Current' Business Certificate or Articles of Organization2. 'Current' Certificate of Inspection (C.!.)3. $25, 000.00 Bond or 'Original' Continuation Certificate for 20074. 'Notarized' Letter Stating Where Repairs Will Be Done5. $200.00 Fee or $100.00 Fee (Annex)

6. FEIN# _

Business Name:

(Please Print)

Business Address:

(Please Print)

BUISNESS #

Applicants Si2nature:

DO NOT W1nTE BE-LOW-TfIIS LINE:

e.!.: BOND:

REPAIRS: ON PREMISE

LIe. FEE: $200.00 CASH CHECK#

ANNEX FEE $100.00 CASH CHECK#

NOTES:

HOME PHONE#

Date:

ARTICLES OR BUSINESS CERTIFICATE

OFF PREMISE-NOTARIZED LETTER